OUTLINE
OverviewRegulatory Framework Policy on Managing Imported Solid WasteProcedures for Importing Solid WasteInteragency Coordination Remaining Challenges
A Changing Industry
Nine Dragons Paper LimitedThe richest woman in China
Chiho-Tiande Metals Co Ltd, Taizhou, Zhejiang
200,000 tons of scrap motors98 % of the waste can be reused after processing
Overview
Total amount of imported wastes since 1999
1068
1558
2337 2292
3954 3895
3308
0
500
1000
1500
2000
2500
3000
3500
4000
4500
1999 2000 2001 2002 2004 2005 2006
imports(10,000T)
Overview
Types of imported waste in 2005
Others4%
Waste plastics
13%
Waste metal & electric appliances
17%
Waste iron & steel
23%
Waste paper43%
Imported Waste Scandals in 1980s and 1990s
1980s, import old clothes 1993, the chemical waste on behalf other fuel imported from South Korea1994, capacitors containing PCB imported from United States
Building a New Legal Framework
Development of New Environmental LawsBegan developing policies and regulations in early 1990sBecame increasingly strict in the mid and late 1990s
Goals of New LawsAvoid becoming the "world's largest dumping ground" Protect human health and the environment
Legal Framework for Regulating Imported Wastes
The Law on Prevention and Control of Pollution by Solid Wastes
Adopted at the 8th NPC, Oct. 30, 1995, and enacted on April 1, 1996 Amended at the 10th NPC on Dec. 29, 2004. Revised law came into effect on April 1, 2005
Interim Provisions on Administration of Environmental Protection on Import of Waste and its supplementary provisions
File No. SEPA [1996]204 and [1996]629) (Promulgated by SEPA, MOFTEC, China General Administration of Customs, State Administration of Industry & Commerce and State Administration for Import and Export Commodity Inspection.
now being revised
New Standards for Imported Wastes
Environmental Protection Standards for Importing Waste Used as Raw Materials
12 tentative standards released 1996Established environmental indicators for imported wastes including radioactive waste, hazardous waste, municipal waste and other inclusions to prevent import of prohibited wastes 13 formal standards issued 2006
Amended Lists on Restricted Wastes
Restricted Imported Solid Wastes that Can Be Used as Raw MaterialsAutomatic-Licensing of These Wastes
The Interim Provisions on Administration of Environmental Protection on Import of Waste, 1996,
30 types of wastes used as raw materials under 9 categories including iron & steel scraps, copper and aluminum scraps, waste paper andplastics are permitted. Other wastes outside the 9 categories are prohibited to be imported.
The latest version: Bulletin No. 5, promulgated by SEPA, China General Administration for Customs and AQSIQ, includes 45 types of solid wastes used as raw materials.
Now being revised
Revised Waste Import Lists after WTO
Wastes Prohibited from Being ImportedCatalogue of Goods Prohibited Against Import (Batch III)(bulletin No. 36, 2001)
18 kinds of solid wastes prohibited from being imported
Catalogue of Goods Prohibited against Import (Batch IV and V) (bulletin No. 25, 2002)
added 37 kinds of solid wastes prohibited from being importednow being revised
Strategy for Managing Imported Solid Waste
StrategySource control
Prevent import garbage Supervise Recycling Process
Ensure the vast quantities of imported waste are recycled in an environmentally sound manner
Policy on Managing Imported Solid Waste
Prohibition of ImportDumping, storage and disposal of imported solid wastes is prohibitedA ban is imposed on solid wastes that cannot be used as raw materials or used in an environmentally sound wayNo hazardous wastes allowed to transfer through China
Import LicensingSolid wastes used as raw materials are not allowed to be imported without an import license
Policy on Managing Imported Solid WasteCatalog Management
Automatic Licensing of Wastes that Can Be Used as Raw MaterialsRestricted Wastes that Can Be Used as Raw MaterialsWastes Prohibited Against Import
Environmental Standard, Inspection and Quarantine
Must meet national environmental protection standards and be regarded as qualified by quality supervision and quarantine department after examinationForeign waste shall not be shipped to China until it is qualified (Undergone pre-shipment inspection )
Punishments for Violations Punishment
Those who ship solid waste from outside China and dump, store, or dispose of the waste inside the country, and those who import solid wastes that are prohibited from import or import restricted solid wastes used as raw materials without permission, shall be ordered by the customs to ship the wastes back and may be subject to penalties. Those who transport hazardous waste via the territory of China, shall be ordered by customs to ship the waste back and may be subject to penalties.Those who smuggle solid, liquid or gaseous garbage into China could face a sentence of up to five years in prison with a financial punishmentor simply a financial punishment.
Managing Imported Wastes within China
Environmental management policies within ChinaApproval of permits is subject to public supervisionRequire import to nearest port to limit illegal tradeOne license for one customs portRequired to use imported waste in an environmentally sound way Forbidden to sell imported wastes to othersImported wastes posing high environmental risks are subject to management by designated factory and reuse in renewable resource parks
Procedures for Importing Solid WasteApplication Procedure for an Import License
For the Import of Waste as Raw Materials under Automatic License Category, submitted to SEPAFor the Import of Solid Waste as Raw Materials and Under Import Restriction, submitted to prefecture level city EPB
Licensing after review and approval by SEPAImplementation Institute: Waste Import Registration and Management Center of SEPA
Wastes shipped to ChinaPre-shipment inspection by AQSIQEntrance inspection by AQSIQDisinfection
Qualified waste Customs inspection and transport to recycling factoryRecycling process is supervised by the local environmental protection bureau (EPB)
Interagency Coordination
SEPA is the lead agency for managing waste import and export
Organizes related departments to draft laws, regulations, catalogues and policies Coordinates among different departments Responsible for the implementation of Basel Convention and licensing of waste import and export Supervises pollution prevention efforts of waste exporters and users of imported waste
Interagency Coordination
The General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ):
Registers overseas suppliers of waste materials and domestic recipientsConducts pre-shipment and entrance inspections, and quarantines according to environmental control standards.Issues Customs Clearance Form of Entry Goods for accepted wastes.
China General Administration of Customs:Takes charge of entry inspection, duty collection and clearance against import permit Combats waste smuggling
National Development and Reform Commission (NDRC ) and Ministry of Commerce
also measure waste importation and adjustment of catalogues.
Challenges and RecommendationsChallenges
“Foreign Garbage” smuggling is still seriousSome recycling factories are small-scale and difficult to monitorIllegal trade
RecommendationsStrengthen cooperation with neighboring countries and jointly crack down on smuggling Limit ports for waste imports Develop technical specifications for imported waste recycling factoriesEstablish waste metals and waste plastics parksImprove regulations and standards regarding waste imports